Panel discussions on monitoring of legal clinics and ethical principles of their activities, discussion of the legal clinical activity Standards in the context of legal education reform, training on effective management of the LCs, practical workshops on legal education and communication, legal clinical course syllabus presentation and much more – this is how the first two days of the Summer School for Legal Clinics Mentors in 2018 have gone.
After a 4-year break, in a picturesque village Vizhnitsa, located on the border of Ivano-Frankivsk and Cehrnivtsi regions, the School brought together representatives of more than 20 legal clinics of Ukraine. School coaches and moderators are mostly members of the legal clinical movement: Andrii Halai, Yuliia Matveieva, Vitalii Yelov, ViKtor Yanyshen, Yuliia Lomzhets, Yana Tokar, Mariia Tsypiashchuk.
Representatives of legal clinics are actively included in each thematic block of the School.
Also, a business coach Marina Khredchenko has become a specially invited expert on legal clinics organization and management.
Some workshops are being held in a very specific, but amusing environment.
And the participants manage to combine active training with active recreation among incredible landscapes.
The Association of Legal Clinics of Ukraine (ALCU), with the assistance of the Ukrainian Legal Aid Foundation (ULAF) and with the financial support of the International Renaissance Foundation, announces a call for participation at a Summer Legal Clinical Education School, which will be held from July 5 to July 8, 2018.
22 participants will be elected for participation in the School on a competitive basis. Heads and Curators of legal clinics of Higher Educational Institutions of Ukraine (one participant from the university) can take part in School. To participate in the competition, please fill out the registration form on May 31 by the following link: https://goo.gl/forms/SiUbb3ybLpdfBZup2
The School will be held in one of the most picturesque places in Ukraine – Karpathian area. The organizers will take care that during the period of the summer holidays it would be nice to combine the study with the rest.
All necessary logistical information will be communicated to elected participants of the summer school by June 5th. Organizers do not undertake to explain the reason for refusal to participate in our event.
For all organizational issues, please contact:
Yuiliia Matveeva – representative of ALCU – tel. 050-683-49-94;
Sheilat Afolabi – representative of ULAF – tel. 066-044-32-23.
On April 26, representatives of the Association of Legal Clinics of Ukraine joined the expert group of the grant project “Improving Access to Justice for Vulnerable People in Volyn, Kharkiv and Kherson Regions”, carried out with the support of the American people, provided through the United States Agency for International Development (USAID) in within the framework of the New Justice Program.
The main achievement of the event was the determination of a further strategy of joint actions, in particular:
– advocacy of legislative changes in order to ensure human rights, in the event of refusal to provide such assistance by the state system, to choose alternatives to obtain such assistance from non-state free legal aid providers;
– updating data on non-state free legal aid providers
– creation of the Unified Register of free legal aid providers;
– automate the exchange of information about redirection, monitor their effectiveness, develop common standards of performance and assess the quality of legal assistance provided by free legal aid providers.
One more step to high quality of free legal aid in Ukraine was taken!
Brown Mosten Client Consultation Competition – it is about it’s about authenticity, about friendship and beauty of people in the world.
And little bit about how lawyers should behave themselves in this world.
A while ago the 33rd brown Mosten International Client Consultation Competition has finished. It was already a second time (2011 and now) when the Competition was hosted by the Maastricht University Law Faculty. Normally the Contest will only be held once in a country or a place, but – remembering the perfect organization by Jae Fernhout back in 2011 everybody was happy to return to beautiful Maastricht in 6 years.
Picturesque town, brilliant organization, meaningful and comfortable program, professional jury, charismatic acting clients, almost family atmosphere among the teams from 22 countries and even many more nations, operetta for the Competition participants as spectators only, calm and relaxing pancake cruise, active and helful buddies – all these are just initial reflections. But the impressions and conclusion are many more than this.
Personally for me this was the fourth time to be at the International round, twice of which were in Maastricht. So, this time it felt like coming back home, to meet old friends, and the place you do not want to leave anymore at all. As I looked around in the hall where people of over 30 nationalities gathered, I caught myself in the thought of how beautiful and diverse the human race is, and how much beauty can be different. Isn’t this one of the deepest goals of such competitions – to unveil this beauty to everyone who wants to see it?
There were no competition rounds in the first day, as organizators considered the fact that participants might be rather tired. Along with that, all participants were invited to 4 short but very specific workshops from local lawyers and legal clinics representatives from outside Netherlands. All workshops were united under the topic “Lawyer-Client Communication across Culture and Language Borders”, which was really of use before the Competition phase actually started. A colorful artistic opening program and an informal dinner made such diverse people from all over the world to feel like friends right away.
Traditionally, Competition was held in English, had three rounds and four actual tours – two quarterfinals, semifinals and finals. By the way, the idea was announced to consider possibility of running two semifinal rounds in order to give the teams even more opportunities to present themselves.
For the first time in the International Round, teams from Belgium, Croatia and Kenya took part. Moreover, the Croatian team even gpt to the semi-final, which was especially delightful. Also, teams from Indonesia, Nigeria, Germany, India, Malaysia, Australia, Georgia, the United States of America, Canada, Northern Ireland, New Zealand, Scotland, Poland and, of course, the Netherlands, have arrived.
On the third day of the Competition, the Annual Meeting with national representatives of the Competition was held to discuss the Competition topics for the next years, the countries in which the Competition will be held, as well as other organizational issues. So in 2019, Brown Mosten International Client Competition will be held in Dublin, Ireland. Quite unusual for the ICCC, the criminal law was elected as a topic branch for 2019. The approximate topic named was “Theft”, and approximate dates are April 3-6, 2019.
Significant for Ukraine is the fact, that our suggestion to host ICCC somehow in the future was accepted by the Competition OC. So it is quite possible that in 2021 or 2022 the International Competition will be held in our country!
The story about the ICCC 2018 would be incomplete without mentioning an interesting and practical training from Forrest S. Mosten, an inspirer and Executive Director of the Competition, on “Unbundled Dispute Resolution”. Mr. Mosten is one of this concept founders. “Unbundled services” are also known as “limited scope representation” or “discrete task representation”. In other words, with such a model of legal aid, the lawyer agrees with the client those steps and actions in the case that the client can perform on their own, thus taking over part of the responsibility for the outcome of the case and saving their own funds. The described approach has become quite popular in recent years in the United States of America and is used mainly in the field of family law. Forrest Mosten spoke about the benefits and challenges of this type of practice, as well as its perspectives. He focused on the fact that the “unbundling” contributes to a more peaceful resolution of disputes, while this should be the main goal in dealing with any legal matter. Last year, Mr. Mosten co-authored with another US lawyer, Elithabeth Potter Scully, published the “Unbundled Legal Services” book. For the first time among the ICCC participants, Mr. Motsen’s model of such client’s representation was introduced in 2015 in Lincoln, Nebraska, USA, where the Consultation Competition was held. In general, the idea of “Unbundled Legal Services” is very interesting and probably can be implemented also in Ukraine, especially in the practice of legal clinics, where students are quite limited both in terms of representation powers and time, as they are still combining studying and work in the legal clinic.
On the last Competition day there were two rounds – semi-final and final. In the battle against participants from Malaysia and Scotland, a team from the United States of America virtuously won. During the final gala dinner, all participants exchanged gifts and received certificates of participation.
Khrystyna Shevchuk, 3rd year student of the I.Malynovskyi Institute of Law, National University of Ostroh Academy, participant from Ukrainian team:
“Talking about International round of Brown-Moisten Client Consultation Competition, I was impressed by the mood of Competition and how well it was organized. Everything worked like a clock, meeting, lectures, consultations started and finished in exact time. Organizers prepared incredibly interesting activities for us. Atmosphere was friendly. This competition is firstly about cultural experience. At the beginning of competition we had some lectures which helped us to understand how different we are, but we are all united by a dream to become lawyers.
Personally, participation in this competition showed me that you should never stop what you have started. This one is my favourite competition because you get joy and satisfaction more from participating than even from winning. If I had an opportunity to be the part of the competition again, I would definitely do so!”
Kateryna Valko,4rd year student of the I.Malynovskyi Institute of Law, National University of Ostroh Academy, participant from Ukrainian team:
“Two weeks have passed after the 2018 ICCC, but I still cannot believe that I was so fortuned to participate in this competition. When I think about magical Dutch town Maastricht, I certainty remind a lot of moments, memories, which I would like to share with all Ukrainians. In general, I can say for sure that the ICCC is not a simple contest, it’s something much more. The purpose of this competition is to restore peoples’ friendship, to share experience not only in consultation, but also in moral and ethical aspects, to work, and at the same time, to rest in cultural diversity of people. I’ll never get tired to recount for hundreds of times in detail about daily events of the competition. Honestly, I love to do it again and again. But, unfortunately, here I have to be as laconic as I haven’t been before. Therefore, the main advantages of this competition, and why one should take part:
Firstly, international consultation is a great challenge. Still, you need not only to know all the provisions of law (in fact, if you even make a mistake in some term, etc. – you still have a chance to win). The ability to find a common language with the client is much appreciated there – in the direct and figurative meaning of the word;
Secondly, this competition helps to develop your creativity, and even take something from other teams, countries. In the future, it’s your style and legal face;
Thirdly, this is a great chance to meet new people! For four days one after another you will be surrounded by the same teenagers, so that’s why be sure that you won’t feel embarrassed, you won’t be in any way sad or bored;
Fourth, this is a best way to practice your English;
And fifth, it is a priceless life experience and also a lot of cool pictures.”
Observations and Lessons Learnt:
The main emphasis of these Competitions is the ethical aspect of the lawyer’s work and the peaceful settlement of conflicts that arise between the parties to the legal dispute. This does not mean that the legal analysis and the quality of the primary legal advice are not taken into account, but the criteria of moral and ethical attitudes of lawyers between themselves, with the client and analysis of legal situations for observance of ethical norms are considerably more important;
Each panel of judges had at least one representative practicing psychology or social work. The organizers are convinced that such a composition of the jury favours the most objective evaluation of the teams according to the criteria;
Despite the fact that the organizers provide a certain isolation of teams from each other during rounds, the overall international round is not too formalized and is based largely on overall mutual trust and integrity;
On the first day it is quite appropriate to only conduct registration and introductory events. Due to this participants have the opportunity to relax, get to know each other, better tune in to future rounds;
The Competition Program should be designed in such a way that participants (students and trainers) who are not involved in the rounds at a given time have opportunity to attend other events – cultural or educational (tours, workshops, interactive classes, cultural events, etc.);
Structured and clear volunteers organization. The volunteer structure should include a senior volunteer, a volunteer responsible for logistics, judges’ support, ‘client’s’ support, and a specific volunteer for each team;
Perhaps the most important observation was that absolutely everyone who was engaged into the organization of the Competition absolutely loved what was happening and enjoyed every second of the process. That atmosphere was unbelievable!
Acknowledgements and Gratitude
We would like to thank our University “Ostroh Academy” and everyone who helped our team to take part in the 2018 Brown Mosten International Client Consultation Competition 2018, as well as those who make this Competition possible from year to year. First of all, we thank dear Forrest S. Mosten and his wife Jody, Seline Mize, Steven Austermiller, Nancy Schultz, Larry Tepley, and Frank Astill, who for many years have invested a lot of their own efforts and time to ensure that the Competition is held at such a high level.
Finally, one of our greatest thanks goes to Jae Fernhout, attentive, punctual, strict (VERY ANGRY!:) and at the same time endlessly kind organizer of already two Competitions in Maastricht and his colleagues; Of course, we can’t forget to say Thank You to a team of friendly and caring volunteers and, in particular, our buddy-guy Ivan Gautama, and also Dwista Rasendriya, who also helped us a lot, and the patient and talented photographer Vava Arifin, who left us unforgettable 578 photos 🙂
Author and publication: Mariia Tsypiashchuk
Also interviewed: Khrystyna Shevchuk, Kateryna Valko
Great event of celebrating anniversary of clinical movement of Ukraine took place in Kyiv on the basis of National university of “Kyiv-Mohyla academy”. During last twenty years members of our society were building network of legal clinics, were giving consultations and were taking part in legal empowerment of society by providing lectures in different establishments. But the most important achievement of our group is priceless experience, which our students can get in legal clinics all over the country. It was a pleasure to celebrate such an occastion in warm circle of colleagues and friends. We also send our best wishes to main heros of the day – the legal clinig of Donetsk national university and personally Mykola Udod, who celebrate twenty years of professional activity.
We also want to thank our partners, who managed to visit our event and celebrate this great day with us. We send out best wishes personally to Nataliya Stupnitska and Irina Ivankiv, representatives of OSCE project coordinator in Ukraine, Roman Romanov and Vasilina Yavorska, who represent International Renaissance Foundation, Ashot Agayan, representative of USAID FAIR Justice project, and Mykola Sioma, CEO of Ukrainian foundation of legal aid, who is premanent partner of our movement.
We can surely claim that our community become more gathered and purpuseful. During round table with symbolic headline “Legal clinics: 20 years of practical studying, legal protection and education in independent Ukraine” we had great opportunity to evaluate the results of our activity.
Today, on the 14th of December, the first meeting of work group on improving Model regulation of legal clinic of University was held. This event gave the first push to institutionalization of clinical activity in Ukraine, which will create new opportunities for development of legal education in our country.
Representatives of ukrainian universities, Ministry of education and science of Ukraine, Ministry of justice of Ukraine, USAID and OSCE visited our event. Members of Association of legal clinics of Ukraine and outstanding scientists took part in formation of activity plan of work group.
All members of working group had opportunity to express their point of view. During heated and constructive debates problems of organizing, structuring and planning activity of work group were discussed. The main purpose of the meeting was achieved. All presented agreed that legal clinics should be recognized as structural division of university. Moreover, propositions to Model regulation on legal clinics were discussed. To develop individual sections of Model regulation it was decided to form subgroups, which every willing member of work group can join. 30 of January was established of deadline for subgroup activity. Also head of each subgroup was elected.
We thank Ministry of education and science of Ukraine for understanding urgent need of institutionalization of Legal clinics and organization of work group. Now everything depend on our colleagues. We hope that all members of work group will carry out productive and effective work.
At the end of September 2016, Andriy Galay, executive director of the Association of Legal Clinics of Ukraine and coordinator of the project “Human Rights Protection of Regions”, together with the monitoring visit team began its activities. The mission is devoted to the development of tools for assessing all administrative and territorial units of Ukraine regarding the state of observance of human rights. The project is being implemented with the Ukrainian Helsinki Human Rights Union and the Office of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.
A conference of legal clinics was held on October 27, 2016, based on the De Jure Law Clinic of the Educational and Scientific Institute № 3 of the National Academy of Internal Affairs in Kyiv. The event was held through a video call with representatives of the legal clinic “Themis” of the Carpathian faculty of the National Academy of Internal Affairs. The working meeting was quite interesting and meaningful.
In particular, during the discussion with Matveeva Julia Ivanovna, a member of the Board of the Association of Legal Clinics of Ukraine, Head of the Legal Clinic of the National University of Kyiv-Mohyla Academy, the main tendencies and perspectives of the development of legal clinics in Ukraine were emphasized, as well as attention was paid to the importance of the work of the clinics as members of the Association Legal clinics of Ukraine. Among the speakers were also the head of the legal clinic of the State Pedagogical University “Precarpathian National University named after. Vasyl Stefanyk “- Katerina Gichka, Head of Legal Clinic of Ivano-Frankivsk University of Law. King Danylo Halytskyy – Mikhail Lototsky, head of the department for the provision of free secondary legal aid to the Regional Center for the provision of free secondary legal aid in Ivano-Frankivsk oblast – Oksana Myskov, and Tetyana Shulyatyka from the Ivano-Frankivsk local center for the provision of free secondary legal aid.
Sergei Breus, director of the Fourth Kyiv Local Center for the provision of free secondary legal aid, spoke about the peculiarities of work in the centers and noted the need to improve the quality of client counseling. She shared her thoughts on the work of legal clinics in Ukraine and abroad as well as Maria Guzevat – the head of the clinic “Phoenix” of the Kyiv University of Law of the National Academy of Sciences of Ukraine. Among the guests of the event was Vasyl Zhmudinsky, a practicing lawyer who spoke about the peculiarities of criminal proceedings in the field of taxation. Finally, Sergey Chernyavskyy, Vice-Rector of the National Academy of Internal Affairs, emphasized the importance of the participation of students and students in the work of legal clinics, which will increase their level of training as qualified lawyers and will enable the practice to apply the acquired knowledge.
The meeting was held in a live discussion and in a warm atmosphere. After the event, all interested persons were able to visit the Museum of the Ministry of Internal Affairs of Ukraine.
On September 22, the head of the legal clinic of the National University “Kyiv-Mohyla Academy” and member of the Board of the Association of Legal Clinics Yuliya Matveva, the director of the Ukrainian charitable organization “Ukrainian Foundation for Legal Aid” Nikolai Sioomy with the Deputy Minister of Justice of Ukraine Gia Gongadze on issues of involvement and role of the law clinics in Ukraine in law-education, joint activities and cooperation of legal clinics with other bodies, institutions and organizations of our state.
The Deputy Minister emphasized the Ministry of Justice’s readiness to promote the presentation of the Association of Legal Clinics in the Working Group on Higher Education Standards, in particular on issues related to the need to take into account the practice of law-based education in the study of certification and accreditation of higher education institutions in Ukraine.
As Gia Getsande noted: “Lawyer – is a social profession, and therefore the authorities and the state must take into account the need for practical legal education.” At the meeting, it was strongly emphasized that the above education can be obtained by students during their work in legal clinics.
During the discussion, it was emphasized on the full support and assistance in signing the Memorandum on Interaction in Improving the Quality of Teaching in Higher Educational Institutions between the Ministry of Justice of Ukraine and the Association of Legal Clinics of Ukraine.